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Patna High Court

Jibitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Circle Officer must consider the representation and complete the land‑measurement exercise within eight weeks, subject to payment of any charges by the petitioner.

Summary

The petitioner, Jibitesh Kumar, filed a writ petition seeking a direction for the measurement of his mother Shanti Devi's raiyati land (Plot No.639, Khata No.117, 16 Katha) and for the disposal of a representation dated 29‑12‑2025 filed with the Circle Officer, Didarganj Circle. The petitioner relied on a prior decision of the same court (CWJC No.10738 of 2025) which had ordered similar relief. The High Court, after hearing both sides, disposed of the petition at the admission stage, directing the Circle Officer (Respondent No.3) to consider the representation in accordance with law, to complete the land‑measurement exercise within eight weeks, and to communicate any order to the petitioner. The court also placed the petitioner and any other interested persons on notice to pay any charges that may arise. The writ petition was therefore dismissed with the specified directions.

Issues considered

  • What relief, if any, is the court required to grant regarding the measurement of the petitioner’s mother’s raiyati land?
  • Whether the administrative authority (Circle Officer) must act on the representation filed on 29‑12‑2025 and within what time‑frame.

Subjects

  • land measurement
  • rai yati land
  • representation
  • administrative law
  • writ jurisdiction
  • direction
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3037 of 2026
                 ======================================================
                 Jibitesh Kumar, male, son of Late Nakul Prasad Yadav, resident of Mohalla-
                 Kathal Tola, P.O. and P.S- Sohsarai, Biharsharif, District- Nalanda, Pin Code-
                 803118, Holder of Power of Attorney from his mother Shanti Devi, aged
                 about 72 years.
                                                                              ... ... Petitioner/s

                                                      Versus

           1.    The State of Bihar through the District Magistrate, Patna.
           2.    The Additional Collector, Patna.
           3.    The Circle Officer, Didarganj Circle, Patna.
           4.    The Superintendent of Police (City), District- Patna.
           5.     The Station House Officer/In-charge, Didarganj Police Station, Didarganj,
                  Patna City.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ajay Prasad, Advocate
                 For the Respondent/s   :        Mr. Sita Ram Yadav, GP 16
                                                 Mr. Jitendra Kumar, AC to GP 16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   10-03-2026                 Heard learned counsel for the parties.

                               2. This writ application has been filed for the

                   following relief(s):

                                “(i) For issuance of a direction to the respondent
                                     authority for measurement of land of the
                                     petitioner’s mother bearing Plot No.639,
                                     Khata No.117, area 16 Katha which is raiyati
                                     land situated at Abdul Rahmanpur through the
                                     registered sale deed purchased by grandfather
                                     of Shanti Devi namely late Hari Narayan Gope
                                     may be considered and disposed of the
                                     representation within stipulated period.
                                (ii) For issuance of a direction to the respondent
                                     authority that the representation filed by the
                                     petitioner on dated 29.12.2025 sent through
                                     registered post as well as through e-mail be
                                     disposed of.
Patna High Court CWJC No.3037 of 2026(2) dt.10-03-2026
                                            2/3




                        (iii) For grant of any other relief/reliefs to which
                              the petitioner may be found entitled to, may be
                              granted to the petitioner.”

                      3. Learned counsel for the petitioner submits that in a

          similarly situated matter a co-ordinate Bench of this Court, in

          CWJC No.10738 of 2025, vide order dated 17.12.2025, has

          given direction to the authority concerned to complete the

          exercise within the time frame and this case is completely

          covered by the said decision and this writ application may also

          be disposed of on the same terms.

                      4. Accordingly, this writ application is being disposed

          of at the admission stage itself with the consent of counsel for

          both sides.

                      5. Having regard to the fact that the petitioner has

          already ventilated his grievance by way of a representation

          dated 29.12.2025 (Annexure-P/1) to the Circle Officer,

          Didarganj Circle, Patna, i.e. Respondent No. 3 herein, the

          present writ petition is disposed of with a direction to the

          Respondent No. 3 to consider the said representation strictly in

          accordance with law and take necessary steps. The petitioner

          and any other interested person shall be put on notice and, in

          case, any charges are to be paid by the petitioner, he shall pay

          the same within the time granted by the Respondent No. 3. The
            Patna High Court CWJC No.3037 of 2026(2) dt.10-03-2026
                                                        3/3




                      authority shall take endeavour to complete the exercise as

                      expeditiously as possible, preferably, within a period of eight

                      weeks from the date of the receipt of a copy of this order. Any

                      order passed on the representation of the petitioner shall be

                      communicated to the party concerned.

                                  6. The writ application stands disposed of with the

                      aforesaid direction.


                                                              (Khatim Reza, J)
J. Alam/-

U


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